What a Title Deed? A title deed is a legal document which proves that one is the rightful and legal owner of a property that may having been transferred into their name at the Deeds Office. This is an important document that includes the description of the property, the size, date of purchase and details of the person( s) who legally own the property.
In terms of the Deeds Registries Act 47 of 1937 a person can only become the legal owner of the property when the Registrar of Deeds has signed the transfer. Once it has been approved, a copy of the title deed is kept at the Deeds Office nearest to you.
Moreover, one of the important information contained in the document is restrictive conditions. These restrictive conditions dictate how one should use their property.
What are Restrictive Title Deed Conditions & Why are They Necessary? Restrictive conditions are the conditions registered in title deeds during the process of township establishment by the township developer and subdivision process. Among some of the regulations posed by the restrictive conditions is the extent to which a property may be developed by the legal owner.
The purpose of title restrictions is mainly to protect the local amenity, to ensure a harmonious layout of the township and to preserve the character of the area for the benefit of the surrounding property owners and the public. Having these restrictive conditions against your property can be immensely frustrating and potentially costly to be relaxed, suspended, amended, or permanently removed. In a worst case scenario, the matter can be handled by the High Court to have the restrictive conditions removed.
Previously, the power to alter, remove or suspend restrictive conditions fell within the competent provincial authority. With the effect of Spatial Planning and Land Use Management Act 16 of 2013(“ SPLUMA”) from 1July 2015, power now has been granted to municipalities on application to remove, suspend or amend restrictive condition against the title deed of land.
Common Restrictive Conditions Title deed restrictions may regulate various matters and are imposed to restrict the size to which a property may be used, the number and placement of dwellings and other buildings that may be erected thereon.
Amongst others, some common restrictive conditions may include:
• The disposal or sale of the property( e. g. a notarial tie)
SA Real Estate Investor Magazine OCT 2021 27